Jonathan Stein’s Answers

How long does an Insurance compnay hae to notify the DMV about someones insurance being cancelled?

I got into a car accident on 9/28/09 and the insurance company has been delaying things by telling me that they don't know if the other person involved was insured or not. The accident took place on 09/28/09 on 10/13/09 i called the dmv and ran t...

Jonathan’s Answer

October 19, 2009 4:50pm

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

You cannot force the insurance company to provide coverage because of a failure to timely notify DMV of the cancellation. However, you should send in an SR1 and then follow it up with an SR 19 and the applicable fee. This will confirm if there is insurance or not. If not, you can file an uninsured motorist claim with your insurance company, if you have that coverage.

Good luck.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. The nominal price you may or may not pay for information does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I do not provide general or specific legal advice on this site. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

Can my wages be garnished for vacating my home?

I have a 20/80 loan. Because of many circumstances, I had no choice but to vacate my home in January. I have missed two mortgage payments Jan/
Feb. The credit union (my mortgage company) wants me to do a short sale. I want nothing further to do ...

Jonathan’s Answer

February 22, 2009 3:32am

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

Maybe. It depends on if the second is a recourse loan or a non-recourse loan. If it was a purchase money mortgage, it is non-recourse and they cannot come after you. If it was recourse, then they can. However, even on non-recourse loans they are going after people. You can read more about that at my blog, www.californiadebtblog.com. You should consult with an attorney to review your documents.

Good luck.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

IM FORECLOSING MY CONDO.

im going to foreclose on my condo in north highlands, CA. Can thay come after me for the money i owe.AND ALSO HOW LONG AFTER I STOP MAKING PAYMENTS DO I HAVE TO LEAVE THE PROPERTY OR CONDO.

Jonathan’s Answer

February 22, 2009 3:29am

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

Usually, you have to be 90 days behind before they foreclose. Then they give you another 60 days before they sell the house. Then you get an offer to move out and they pay you $1,000 or so to move out. If you do not take that, they will evict you and that can take several months.

Good luck.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

Can a foreclosure on my home I solely own affect my husband's credit?

I bought a home in California in 2002, refinanced in 2004 and got married in 2005 then moved out. I am the only person on the deed and mortgage for the home but my mom and brothers live there. They pay me every month for the full mortgage amount a...

Jonathan’s Answer

February 22, 2009 3:27am

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

They probably cannot come after him as long as he keeps everything separate. But, if you mix your assets, they may be able to go after those assets.

Good luck.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

I walked from my condo until it sells or goes into foreclosure am I still the owner?

I stopped paying for my condo in October, 2008. Today I receive an email from the HOA MGT Co. demanding I clear my storage by the end of the week. Can they do that legally without written notice or at all?

Jonathan’s Answer

February 22, 2009 3:24am

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

Probably. The HOA agreement is going to have the process for providing you notice. It may include that notice by email is sufficient. It will also have certain time frames. You need to read your HOA CC&Rs to get a positive answer.

Good luck.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

I currently owe 685,000 on my phone but it is only worth 500,000.

My 1st mortgage is for 500,000 and the 2nd is for 185,000. I can still afford to pay the 1st mortgage but can not and do not want to pay the 2nd mortgage. How can I get the lender to forgive the debt? The lender on both is US Bank

Jonathan’s Answer

February 20, 2009 5:04am

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

You have two options:

1. A loan modification. You may be able to get a modification on the 1st and the 2nd or just the 2nd. This could also include a buyout of the second.

2. Bankruptcy. A bankruptcy judge can eliminate your 2nd.

You should talk to an attorney, and only an attorney, about either option. You can read more about both options and who to hire and not hire at www.californiadebtblog.com.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

Can a home owners association put a lien on my property that has been foreclosed

can an HOA that put a lien on a property that already foreclosed and reverted back to the bank still sue and collect?

Jonathan’s Answer

January 11, 2009 4:36pm

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

They cannot place a lien on the property, but they can sue you for the amount of money owed.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

WHATS THE RIGHT LAWYER lawyer for collection on a promissory note SIGNED LEGALLY 2006. PAY BY 2008

I LET A FRIEND BORROW 100,000 IN 2006 HE SAID WHEN HE RESIVED HIS MONEY FROM A CAR ACCEDINT THAT MAD HIM UNABLE TO EVER WALK . A WE WENT TO A NOTERY HE PROMISED TO PAY BACK in 2008 I HEAR HE BILLDING A HOUSE IN A NOTHER STATE BY A FRIEND HO...

Jonathan’s Answer

January 9, 2009 9:27pm

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

You need a collections attorney. You can find them on here. Good luck!

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

Can an auto finance company contact you at work regarding past due payments

Can an auto finance company contact you at work regarding past due payments?

Jonathan’s Answer

January 9, 2009 7:24pm

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

Yes as long as they do not harass you. However, if you send them a simple letter telling them not to contact you at work anymore, then they can no longer contact you.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

Can debt collector get your license suspended if you do pay?

My daughter living in CA was in an accident which was her fault. She was driving without Insurance at the time, this occurred a year and half ago. Due to the accident she had to purchase SR 22 Insurance to get her license back. My daughter was se...

Jonathan’s Answer

January 9, 2009 7:23pm

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

Yes and no. If someone gets a judgment against her for an auto accident, her license can be suspended until it is paid in full. She may want to consider filing for bankruptcy. That will discharge the debt and her license will not be suspended.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.